Meeting Summary
Present: Stix, Whitman, Rule, Lang · Absent: Francina
This summary was AI-generated to save you time. It may miss or misstate details — verify against the official recording and the transcript.
At a glance
Planning Commission Appointments
- The council appointed Robert Graham to the vacant Planning Commission seat.
- Reappointments for three other commissioners were tabled for discussion at the next meeting.
- A recruitment process for the remaining seats will be conducted when the full council is present.
Companion Animal Ordinance
- Staff was directed to develop an ordinance prohibiting unethical breeding practices causing animal suffering.
- The proposal targets selective breeding resulting in extreme anatomical features and health defects.
- Development will proceed in consultation with the City Attorney.
Earth-Friendly Management Policy
- The item was continued to allow staff to draft a new resolution or ordinance.
- The revised document must incorporate community suggestions regarding pesticide toxicity categories.
- Staff will address a typo in the current draft that caused confusion about prohibited chemicals.
Rights of Nature Ordinance
- Staff was instructed to prepare the ordinance for further review pending educational workshops.
- The draft focuses on regulating human conduct, prohibiting water pollution, and restricting phosphorus fertilizers.
- Council members noted the legal complexity of granting rights to natural entities versus human property rights.
Suspension of Enforcement of Chapter 9-17 (Reach Code)
- Enforcement of the natural gas infrastructure prohibition in new buildings was suspended.
- Staff will report on alternative methods to achieve climate goals following a federal preemption ruling.
- A notice of the suspension will be posted on the city website and in the online municipal code.
Regulations for Temporary For-Profit Outdoor Artisan and Vendor Markets
- Current municipal code provisions generally prohibiting for-profit outdoor markets were affirmed.
- Staff was directed to investigate the concept of evening hours markets and return with recommendations.
- The decision addresses concerns regarding traffic, parking, and competition with brick-and-mortar businesses.
Future Agenda Items
- New items were added to explore a housing trust for first-time homebuyers and ADU incentives.
- The agenda will include a discussion on a potential community pool at Soule Park.
- A fire safety communications plan regarding evacuation and emergency preparedness was scheduled.
Closed Session
- No closed session report was included in the provided meeting summary.
Full summary
Call to Order and Administrative Matters
- The meeting was called to order with a quorum present; Council Member Francina was absent. The Pledge of Allegiance was recited. A motion to approve the agenda was made, seconded, and passed. The Arts Commission Chair reported on the nearing end of the grant application period, the implementation of a mentor program, upcoming educational seminars, and plans for a public art assessment and economic impact study. The Assistant City Manager introduced Anthony Palios as the new Transit Supervisor; Mr. Palios addressed the council and was administered the Oath of Office by the City Clerk. A motion to approve the consent calendar was made, seconded, and passed.
Planning Commission Appointments
- The City Clerk presented a staff report regarding four nominations to the Planning Commission: one vacancy and three reappointments. Discussion focused on potential conflicts of interest under the "incompatible offices" doctrine if a Planning Commissioner were also elected City Clerk, and whether nominees met specific training requirements outlined in city ordinance.
- A motion was made to appoint Robert Graham to the vacant seat and extend the reappointments of the other three commissioners for 60 days to conduct a new recruitment process. This motion was seconded. A subsequent motion to table the entire item until the full council was present was made and seconded but failed. The original motion to appoint Mr. Graham and extend the other seats failed due to a tie vote.
- A motion was made to approve all four appointments as recommended. This motion was seconded. A substitute motion was then made to appoint Robert Graham to the vacancy and table the three reappointments for discussion when the full council is present. This substitute motion was seconded. A friendly amendment to include a recruitment of applicants with specific qualifications was proposed but withdrawn by the mover. The motion to appoint Robert Graham and table the other three reappointments failed due to a tie vote.
- A final motion was made to appoint Robert Graham to the vacant Planning Commission seat, with the understanding that the other three reappointments would carry over to the next meeting. This motion was seconded and passed.
Companion Animal Ordinance (Concept Review)
- The Commission reviewed a proposed ordinance to prohibit the unethical breeding of companion animals, specifically targeting practices resulting in extreme anatomical features causing suffering. A presentation outlined health issues associated with selective breeding, including respiratory, neurological, and spinal defects, accompanied by a video from a veterinary surgeon. Public comment included supporters arguing the ordinance is necessary to prevent animal suffering and protect consumers, while opponents questioned city jurisdiction, enforcement capabilities, and whether the issue constitutes a local health and safety matter. Some suggested a resolution or public education campaign instead. A motion was made to direct staff, in consultation with the City Attorney, to develop an ordinance prohibiting the unethical breeding of companion animals. The motion was seconded and passed.
Earth-Friendly Management Policy
- The Commission reviewed a proposed Earth-Friendly Management (EFM) policy regarding pesticide use on city-owned facilities. The policy requires pesticides to be used only as a last resort after non-chemical alternatives are exhausted. Public comment expressed concern that the draft was a "watered-down" version of a community-developed draft, requesting the explicit elimination of pesticides classified as toxicity categories 1, 2, and 3. Staff clarified that the policy was "right-sized" for staffing resources but intended to prohibit those toxicity categories, noting a typo in the document caused confusion. Legal counsel explained that while other jurisdictions could enact citywide bans, Ojai is limited to regulating its own operations due to state preemption laws. A motion was made to continue the item and direct staff to draft a new resolution or ordinance incorporating changes suggested by community members and experts. The motion was seconded and passed.
Rights of Nature Ordinance (Concept Review and Adoption)
- The Commission discussed a concept review for a Rights of Nature Ordinance, which seeks to grant legal rights to the natural world to protect hillsides, water bodies, flora, and fauna. Staff and Council members noted the legal complexity of the concept. Public comment included support for protecting local ecosystems and concerns regarding legal implications, potential litigation, and the complexity of defining rights for nature versus human property rights. Some commenters suggested a "stair-step" approach involving a draft resolution and public forums. Staff presented a draft ordinance focusing on regulating human conduct, prohibiting water pollution within city limits, restricting phosphorus fertilizers, and encouraging natural landscapes. Council discussion focused on legal nuances and the need for further education. A motion was made to instruct staff to prepare the ordinance for further review, pending the completion of workshops organized by individual council members. The motion was seconded and passed.
Suspension of Enforcement of Chapter 9-17 (Reach Code)
- Staff presented a report regarding the city's Reach Code (Chapter 9-17, Title 9), which prohibits natural gas infrastructure in new buildings. Staff noted that a Ninth Circuit Court decision regarding a similar ordinance in Berkeley determined such local regulations are preempted by federal law. Due to this legal precedent and a threat of litigation, staff recommended suspending enforcement and evaluating alternative methods to achieve climate goals. Public comment included suggestions to repeal the code rather than suspend it, as well as discussions on focusing on vehicle emissions and electric vehicle infrastructure. Council discussion centered on the distinction between suspending and repealing the code. A motion was made to follow staff recommendations: to suspend enforcement of Chapter 9-17, Title 9, direct staff to report on alternative methods to achieve climate goals, and post a notice of the suspension on the city website and in the online municipal code. The motion was seconded and passed.
Regulations for Temporary For-Profit Outdoor Artisan and Vendor Markets
- Staff reported on regulations regarding outdoor for-profit artisan and vendor markets, noting mixed feedback from a pilot project and town hall. For-profit organizers desired more commercial opportunities, while brick-and-mortar business owners raised concerns regarding nuisances, traffic, parking, and unbalanced competition. Staff recommended affirming current municipal code provisions that generally prohibit for-profit businesses from holding outdoor markets, with the exception of the existing conditional use permit process. Public comment highlighted the cost disparities between brick-and-mortar businesses and pop-up vendors, with some suggesting restrictions to local vendors or evening hours. Council discussion addressed the distinction between temporary and conditional use permits and the city's jurisdiction over health, safety, and welfare versus business competition. A motion was made to affirm the current municipal code provisions generally prohibiting for-profit businesses from holding outdoor markets, while directing staff to investigate the concept of evening hours markets and return with recommendations. The motion was seconded and passed.
Council and Staff Reports
- Council members provided reports on recent community events, including the Silent Disco, the City of Peace event, and the opening of the Soule Park Pickleball Courts. Staff announced the city's participation in Clean Air Day on October 2nd with free trolley rides.
Future Agenda Items
- Housing Trust and First-Time Homebuyer Assistance: A motion was made to add an agenda item to explore the creation of a housing trust to provide low-interest loans to first-time homebuyers with deed restrictions ensuring availability to future low-income purchasers. The motion was seconded and approved.
- Accessory Dwelling Unit (ADU) Incentives and Regulations: A motion was made to add an agenda item to examine incentives for ADU construction, such as fee waivers, in exchange for deed restrictions limiting rents. The motion was seconded and approved.
- Community Pool at Soule Park: A motion was made to add an agenda item to discuss the possibility of a community pool at Soule Park. The motion was seconded and approved.
- Fire Safety Communications Plan: A motion was made to add an agenda item to develop a communications plan regarding fire readiness, evacuation plans, and emergency preparedness. The motion was seconded and approved.
Adjournment
- Following the addition of the proposed agenda items, the meeting was adjourned.